Common use of JOINT PROVISIONS Clause in Contracts

JOINT PROVISIONS. 10.1. It is hereby accepted and acknowledged irrevocably by the Customer that the Bank will have rights of pledge, lien, transfer, setoff and deduction on a portion adequate to pay the outstanding debts of the balance of all and any of the Customer’s TL or foreign currency, demand or time deposit and repo accounts and investment (securities), gold and other precious metals accounts, also including the Customer’s existing and/or to-be-opened wage accounts (also including the Customer’s share in his wage accounts and joint accounts), and all and any present or future debts of the Bank owed to the Customer and arising out of this Agreement and/or any other reason whatsoever, and the Customer’s blocked accounts, and safe-deposit boxes and all and any assets contained therein, and cash funds, stocks, bonds and debentures, bills of lading, and checks, promissory notes and all other negotiable instruments and bills of exchange delivered for collection purposes, and credit accounts, and remittances sent or to be sent to the Customer, and that the Customer has pledged to the Bank a portion of these assets adequate for repayment of all of his present and future debts and obligations, regardless of the format and nature thereof, and that the Bank will be authorized to collect and recover its receivables ex officio by setting off the same from an adequate portion of them without any further notice or warning or without taking any legal actions or proceedings in connection therewith, and to this end, the Bank will be entitled to convert the moneys in his accounts to the relevant currency over the then-current exchange rates of the Central Bank of the Republic of Turkey, and to close the Customer’s time deposit accounts before the end of maturity thereof, and to cash gold and other precious metals over the then-current market rates, 10.2. Unless a written notice is sent to the Bank with respect to death of the Customer, the Bank cannot be held liable or responsible for money withdrawals or other transactions to be executed after death of the Customer by using the password of the Customer. 10.3. In the name of a Customer under parental guardianship, an account may be opened only if the Agreement is signed by his parent as a “Guardian” in the name of the child and if the Bank deems it fit. As long as the conjugal community continues, mother or father may transact in the account opened in the name of the child as and in the capacity of a “Guardian”. The Guardian hereby acknowledges and accepts that the password allocated for the account opened in the name of the child will be used only by him/her, and the Bank will not be held liable if any transaction is made in the account by the child or a third party, and the Guardian will himself / herself be responsible for the transactions effected therein. 10.4. Curator / trustee is, while transacting in the accounts in the name of the Customer, under obligation to receive a prior permission of the relevant competent court if deemed fit and necessary by the Bank. 10.5. The Bank will, save for its own fault, not be held liable for the damages and losses arising out of use of mail, telephone or other communication or transportation means or vehicles and particularly, out of loss, delay, fault, misunderstanding or double notification. 10.6. The Customer hereby declares, agrees and undertakes that for the purposes of the notices and correspondences required to be sent by the Bank to the Customer with regard to the subject matter of this Agreement, his below given address or his address shown in the Address Registry System of the Interior Ministry, General Directorate of Civil Registration and Citizenship Affairs is his legal domicile and notice address, and accordingly, all kinds of notices and correspondences delivered to this address will be deemed to have been personally served on him, and that he is under obligation to inform the Bank of any probable changes in his address within no later than fifteen days following the date of change, and if he fails to inform the Bank of any changes in his address within said period of time, all kinds of notices and correspondences to be delivered to his former address or his address indicated in the Address Sharing System will be deemed to have been validly served. In addition, the Customer also agrees and undertakes to advise the Bank immediately and in writing any probable changes in his other communication data and information, also including his mobile 10.7. In all kinds of disputes that may arise out of this Agreement between the Bank and the Customer, to the extent they are related to the subject matter of dispute, all kinds of books, documents, computer and voice records and microfilms of international credit card organizations, Interbank Card Center and the Bank will be considered and treated as final, definite, sole and prima facie evidence and be binding on the parties. The Customer hereby accepts that he can prove his objections to the records of the Bank and the Interbank Card Center only with written documents of proof, and this article constitutes an Evidence Contract between the parties.

Appears in 2 contracts

Samples: Personal Banking Services Agreement, Personal Banking Services Agreement

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JOINT PROVISIONS. 10.1. It is hereby accepted and acknowledged irrevocably by the Customer that the Bank will have rights of pledge, lien, transfer, setoff and deduction on a portion adequate to pay the outstanding debts of the balance of all and any of the Customer’s TL or foreign currency, demand or time deposit and repo accounts and investment (securities), gold and other precious metals accounts, also including the Customer’s existing and/or to-be-opened wage accounts (also including the Customer’s share in his wage accounts and joint accounts), and all and any present or future debts of the Bank owed to the Customer and arising out of this Agreement and/or any other reason whatsoever, and the Customer’s blocked accounts, and safe-deposit boxes and all and any assets contained therein, and cash funds, stocks, bonds and debentures, bills of lading, and checks, promissory notes and all other negotiable instruments and bills of exchange delivered for collection purposes, and credit accounts, and remittances sent or to be sent to the Customer, and that the Customer has pledged to the Bank a portion of these assets adequate for repayment of all of his present and future debts and obligations, regardless of the format and nature thereof, and that the Bank will be authorized to collect and recover its receivables ex officio by setting off the same from an adequate portion of them without any further notice or warning or without taking any legal actions or proceedings in connection therewith, and to this end, the Bank will be entitled to convert the moneys in his accounts to the relevant currency over the then-current exchange rates of the Central Bank of the Republic of Turkey, and to close the Customer’s time deposit accounts before the end of maturity thereof, and to cash gold and other precious metals over the then-current market rates,, and to sell the securities in the relevant market which will be finally purchased by the Bank over the foreign exchange buying rates current as of that date and subject to the same provisions. The Customer further accepts that the Bank will be authorized to use its rights arising out of this Agreement on the aforementioned rights and claims until full repayment of the Customer’s debts owed to the Bank hereunder. 10.2. Unless a written notice is sent to the Bank with respect to death of the Customer, the Bank cannot be held liable or responsible for money withdrawals or other transactions to be executed after death of the Customer by using the password of the Customer. 10.3. In the name of a Customer under parental guardianship, an account may be opened only if the Agreement is signed by his parent as a “Guardian” in the name of the child and if the Bank deems it fit. As long as the conjugal community continues, mother or father may transact in the account opened in the name of the child as and in the capacity of a “Guardian”. The Guardian hereby acknowledges and accepts that the password allocated for the account opened in the name of the child will be used only by him/her, and the Bank will not be held liable if any transaction is made in the account by the child or a third party, and the Guardian will himself / herself be responsible for the transactions effected therein. 10.4. Curator / trustee is, while transacting in the accounts in the name of the Customer, under obligation to receive a prior permission of the relevant competent court if deemed fit and necessary by the Bank. 10.5. The Bank will, save for its own fault, not be held liable for the damages and losses arising out of use of mail, telephone or other communication or transportation means or vehicles and particularly, out of loss, delay, fault, misunderstanding or double notification. 10.6. The Customer hereby declares, agrees and undertakes that for For the purposes of the necessary notices and correspondences required to be sent by the Bank to the Customer with regard to the subject matter of this Agreement, his below given the Customer hereby declares, agrees and acknowledges that the address or his address shown in the Address Registry System of the Interior Ministry, General Directorate of Civil Registration and Citizenship Affairs designated hereinbelow is his legal domicile and notice address, and accordingly, all kinds of notices and correspondences delivered to this such address will be deemed to have been personally served on himthe Customer, and that he the Customer is under obligation liable to inform the Bank of about any probable changes in his address within no later than fifteen days following the date of change, and if he the Customer fails to inform report a change of address to the Bank of any changes in his address within said period of timea timely manner, all kinds of the notices and correspondences to be delivered to his former address or his address indicated in the Address Sharing System will be deemed to have been validly servedvalid. In addition, the Customer also further agrees and undertakes to advise inform the Bank immediately and in writing about any probable changes in the number of his mobile phone or all other communication data and informationinformation registered in the Bank records for the notifications relating to identity verification, also including his mobileservice interruptions and banking products. 10.7. In all kinds of disputes that may arise out of this Agreement between the Bank and the Customer, to the extent they are related to the subject matter of dispute, all kinds of books, documents, computer and voice records and microfilms of international credit card organizations, Interbank Card Center and the Bank will be considered and treated as final, definite, sole and prima facie evidence and be binding on the parties. The Customer hereby accepts that he can prove his objections to the records of the Bank and the Interbank Card Center only with written documents of proof, and this article constitutes an Evidence Contract between the parties.evidence

Appears in 1 contract

Samples: Personal Banking Services Agreement

JOINT PROVISIONS. 10.1. It is hereby accepted and acknowledged irrevocably by the Customer that the Bank will have rights of pledge, lien, transfer, setoff and deduction on a portion adequate to pay the outstanding debts of the balance of all and any of the Customer’s TL or foreign currency, demand or time deposit and repo accounts and investment (securities), gold and other precious metals accounts, also including the Customer’s existing and/or to-be-opened wage accounts (also including the Customer’s share in his wage accounts and joint accounts), and all and any present or future debts of the Bank owed to the Customer and arising out of this Agreement and/or any other reason whatsoever, and the Customer’s blocked accounts, and safe-deposit boxes and all and any assets contained therein, and cash funds, stocks, bonds and debentures, bills of lading, and checks, promissory notes and all other negotiable instruments and bills of exchange delivered for collection purposes, and credit accounts, and remittances sent or to be sent to the Customer, and that the Customer has pledged to the Bank a portion of these assets adequate for repayment of all of his present and future debts and obligations, regardless of the format and nature thereof, and that the Bank will be authorized to collect and recover its receivables ex officio by setting off the same from an adequate portion of them without any further notice or warning or without taking any legal actions or proceedings in connection therewith, and to this end, the Bank will be entitled to convert the moneys in his accounts to the relevant currency over the then-current exchange rates of the Central Bank of the Republic of Turkey, and to close the Customer’s time deposit accounts before the end of maturity thereof, and to cash gold and other precious metals over the then-current market rates,, and to sell the securities in the relevant market which will be finally purchased by the Bank over the foreign exchange buying rates current as of that date and subject to the same provisions. The Customer further accepts that the Bank will be authorized to use its rights arising out of this Agreement on the aforementioned rights and claims until full repayment of the Customer’s debts owed to the Bank hereunder. The Customer may, without a prior consent of the Bank, not transfer or assign to third parties any of the rights and claims listed hereinabove and encumbered by a right of pledge of the Bank. This Article is by nature a Pledge Contract and is valid for an indefinite 10.2. Unless a written notice is sent to the Bank with respect to death of the Customer, the Bank cannot be held liable or responsible for money withdrawals or other transactions to be executed after death of the Customer by using the password of the Customer. 10.3. In the name of a Customer under parental guardianship, an account may be opened only if the Agreement is signed by his parent as a “Guardian” in the name of the child and if the Bank deems it fit. As long as the conjugal community continues, mother or father may transact in the account opened in the name of the child as and in the capacity of a “Guardian”. The Guardian hereby acknowledges and accepts that the password allocated for the account opened in the name of the child will be used only by him/her, and the Bank will not be held liable if any transaction is made in the account by the child or a third party, and the Guardian will himself / herself be responsible for the transactions effected therein. 10.4. Curator / trustee is, while transacting in the accounts in the name of the Customer, under obligation to receive a prior permission of the relevant competent court if deemed fit and necessary by the Bank. 10.5. The Bank will, save for its own fault, not be held liable for the damages and losses arising out of use of mail, telephone or other communication or transportation means or vehicles and particularly, out of loss, delay, fault, misunderstanding or double notification. 10.6. The Customer hereby declares, agrees and undertakes that for For the purposes of the necessary notices and correspondences required to be sent by the Bank to the Customer with regard to the subject matter of this Agreement, his below given the Customer hereby declares, agrees and acknowledges that the address or his address shown in the Address Registry System of the Interior Ministry, General Directorate of Civil Registration and Citizenship Affairs designated hereinbelow is his legal domicile and notice address, and accordingly, all kinds of notices and correspondences delivered to this such address will be deemed to have been personally served on himthe Customer, and that he the Customer is under obligation liable to inform the Bank of about any probable changes in his address within no later than fifteen days following the date of change, and if he the Customer fails to inform report a change of address to the Bank of any changes in his address within said period of timea timely manner, all kinds of the notices and correspondences to be delivered to his former address or his address indicated in the Address Sharing System will be deemed to have been validly servedvalid. In addition, the Customer also further agrees and undertakes to advise inform the Bank immediately and in writing about any probable changes in the number of his mobile phone or all other communication data and informationinformation registered in the Bank records for the notifications relating to identity verification, also including his mobileservice interruptions and banking products. 10.7. In all kinds of disputes that may arise out of this Agreement between the Bank and the Customer, to the extent they are related to the subject matter of dispute, all kinds of books, documents, computer and voice records and microfilms of international credit card organizations, Interbank Card Center and the Bank will be considered and treated as final, definite, sole and prima facie evidence and be binding on the parties. The Customer hereby accepts that he can prove his objections to the records of the Bank and the Interbank Card Center only with written documents of proof, and this article constitutes an Evidence Contract between the parties.

Appears in 1 contract

Samples: Personal Banking Services Agreement

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JOINT PROVISIONS. 10.1. It is hereby accepted and acknowledged irrevocably by the Customer that the Bank will have rights of pledge, lien, transfer, setoff and deduction on a portion adequate to pay the outstanding debts of the balance of all and any of the Customer’s TL or foreign currency, demand or time deposit and repo accounts and investment (securities), gold and other precious metals accounts, also including the Customer’s existing and/or to-be-opened wage accounts (also including the Customer’s share in his wage accounts and joint accounts), and all and any present or future debts of the Bank owed to the Customer and arising out of this Agreement and/or any other reason whatsoever, and the Customer’s blocked accounts, and safe-deposit boxes and all and any assets contained therein, and cash funds, stocks, bonds and debentures, bills of lading, and checks, promissory notes and all other negotiable instruments and bills of exchange delivered for collection purposes, and credit accounts, and remittances sent or to be sent to the Customer, and that the Customer has pledged to the Bank a portion of these assets adequate for repayment of all of his present and future debts and obligations, regardless of the format and nature thereof, and that the Bank will be authorized to collect and recover its receivables ex officio by setting off the same from an adequate portion of them without any further notice or warning or without taking any legal actions or proceedings in connection therewith, and to this end, the Bank will be entitled to convert the moneys in his accounts to the relevant currency over the then-current exchange rates of the Central Bank of the Republic of Turkey, and to close the Customer’s time deposit accounts before the end of maturity thereof, and to cash gold and other precious metals over the then-current market rates,, and to sell the securities in the relevant market which will be finally purchased by the Bank over the foreign exchange buying rates current as of that date and subject to the same provisions. The Customer further accepts that the Bank will be authorized to use its rights arising out of this Agreement on the aforementioned rights and claims until full repayment of the Customer’s debts owed to the Bank hereunder. The Customer acknowledges and accepts that also if and when the Bank acts in the name of other intermediary institutions as and in the capacity of a Broker in Order Transmission as per the provisions of the Capital Markets Law, the Bank may use these rights also for the purpose of collection and recovery of receivables of these other intermediary institutions. The Customer may, without a prior consent of the Bank, not transfer or assign to third parties any of the rights and claims listed hereinabove and encumbered by a right of pledge of the Bank. This Article is by nature a Pledge Contract and is valid for an indefinite and unlimited term. This right of pledge will remain valid and in force until the debts owed to the Bank under this Agreement are fully repaid, together with all accessory debts associated thereto. This Agreement entitles the Bank to block the relevant accounts under the terms and conditions specified in this Agreement. Only if and when 10.2. Unless a written notice is sent to the Bank with respect to death of the Customer, the Bank cannot be held liable or responsible for money withdrawals or other transactions to be executed after death of the Customer by using the password of the Customer. 10.3. In the name of a Customer under parental guardianship, an account may be opened only if the Agreement is signed by his parent as a “Guardian” in the name of the child and if the Bank deems it fit. As long as the conjugal community continues, mother or father may transact in the account opened in the name of the child as and in the capacity of a “Guardian”. The Guardian hereby acknowledges and accepts that the password allocated for the account opened in the name of the child will be used only by him/her, and the Bank will not be held liable if any transaction is made in the account by the child or a third party, and the Guardian will himself / herself be responsible for the transactions effected therein. 10.4. Curator / trustee is, while transacting in the accounts in the name of the Customer, under obligation to receive a prior permission of the relevant competent court if deemed fit and necessary by the Bank. 10.5. The Bank will, save for its own fault, not be held liable for the damages and losses arising out of use of mail, telephone or other communication or transportation means or vehicles and particularly, out of loss, delay, fault, misunderstanding or double notification. 10.6. The Customer hereby declares, agrees and undertakes that for the purposes of the notices and correspondences required to be sent by the Bank to the Customer with regard to the subject matter of this Agreement, his below given address or his address shown in the Address Registry System of the Interior Ministry, General Directorate of Civil Registration and Citizenship Affairs is his legal domicile and notice address, and accordingly, all kinds of notices and correspondences delivered to this address will be deemed to have been personally served on him, and that he is under obligation to inform the Bank of any probable changes in his address within no later than fifteen days following the date of change, and if he fails to inform the Bank of any changes in his address within said period of time, all kinds of notices and correspondences to be delivered to his former address or his address indicated in the Address Sharing System will be deemed to have been validly served. In addition, the Customer also agrees and undertakes to advise the Bank immediately and in writing any probable changes in his other communication data and information, also including his mobilemobile phone number, included in the Banks records and files, for the sake of all and any communications with regard to identity verification and confirmation, service interruptions, and banking products. 10.7. In all kinds of disputes that may arise out of this Agreement between the Bank and the Customer, to the extent they are related to the subject matter of dispute, all kinds of books, documents, computer and voice records and microfilms of international credit card organizations, Interbank Card Center and the Bank will be considered and treated as final, definite, sole and prima facie evidence and be binding on the parties. The Customer hereby accepts that he can prove his objections to the records of the Bank and the Interbank Card Center only with written documents of proof, and this article constitutes an Evidence Contract between the parties.

Appears in 1 contract

Samples: Personal Banking Services Agreement

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